Notice of Termination for Month To Month tenancy - Virginia

We have been renting this unit from a landlord who is giving us a bit of trouble. We signed the lease on June 2006 and the lease ended on June 2007 so now itís month-to-month.

On March 31, 2007 the landlord sent us a greeting card that the rent will not be raised. Here are her exact words: "I do not want to raise the rent this year", so we thought that the rent would remain the same during our month-to-month tenancy. Just to confirm, she is telling us in writing that the rent will NOT be raised.

However, recently (Nov 15, 2007) we decided to move out so we looked through the contract, did not find anything that applied to us and sent a 30 day notice to our landlord. However, our landlord claims that we have to give two months written notice; she even found the two paragraphs that we thought donít apply to us.

Keeping in mind everything that I mentioned above, do following paragraphs apply to us?

8. YOUR RIGHT TO TERMINATE THIS LEASE IF TRANSFERRED OR DRAFTED: You may terminate this Lease if you are involuntarily activated into armed forces or if your employer transfers you to a site more than 50 miles from the Condominium. In order to terminate, you must do the following:
- Give me a written notice of intent to terminate and of the date of termination, which shall not be fewer then 2 months after the next rent payment is due following receipt of the notice
-Give me a written proof of transfer or involuntary action; and
- Pay rent in full to the date of termination; or
-As otherwise provided under Federal or State law for military personnel

26. CONTINUING POSSESSION: If you do not vacate the Unit when this Lease expires and if you remain in possession with my consent or acquiescence, then your occupancy will be a month-to-month tenancy under the terms of this Lease provided that the monthly rental will increase to one and one-half (1 Ĺ ) times the rent due on the last month of the expired lease term unless we otherwise agree in writing.

I respect your disagreement, but that was how the judge ruled in my case.

I have no doubt he did. But what you don't say is whether the lease specified a longer period or not. I suspect it did not. Unless otherwise specified a periodic tenancy generally requires only notice equal to one period.

Guys - this is an OLD VA format lease that has been superseded by VA state law on military and SSCRA... the month to month is a misnomer that really means a periodic tenancy that needs to be terminated by 60 days written notice by either the TENANTS or the LANDLORD... OP should move as scheduled and let the landlord sue them in SCC and let the landlord explain why they are using an antiquated lease format that is conflicting in its wording.

Guys - this is an OLD VA format lease that has been superceeded by VA state law on military and SSCRA....the month to month is a misnomer that really means a periodic tenancy that needs to be terminated by 60 days written notice by either the TENANTS or the LANDLORD....OP should move as scheduled and let the landlord sue them in SCC and let the landlord explain why they are using an antiquated lease format that is conflicting in its wording.

I was hoping you would weigh in on this one. But I'm confused. Are you saying that VA state law says 60 days? Or that this old lease says 60 days and VA law has changed? Since the LL says 60 days, if 60 days is correct then the LL is right.

Add your answer here.

Check out some similar questions!

I've lived in this apartment for 4 years. For the past year we have been going month to month, as we anticipated we might need to move out when we purchased a condo.
Well, we got the condo, and now need to close in 1 month, yet the management in our apartment complex tells us we need to give...

In the State of Ohio is it true the tenant has to give 30 days notice when they are moving out and the landord has to give 30 days notice when asking them to move out? If they do not give 30 days do they lose their security deposit?

I have a tenant that is in a house that has an agreement for month to month tenancy. I gave him 60 days notice to vacate at the end of the year which is December 31, 2006.
The tenant claims the agreement is month to month but he has the right to stay until he is ready to gice us six months...

Trying to understand the lease that I am dealing with if I required to give a 60 day notice that my landlord claims that is in effect in a tenancy at will (after the original lease ended)or 30 days notice as a month-to-month terms of MN Law apply?
Minnesota Statute 504B.135 TERMINATING...